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STATE OF |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. HAAS CABINET CO., INC., Respondent. |
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AGREED ORDER
The
Complainant and the Respondent desire to settle and compromise this action
without hearing or adjudication of any issue of fact or law, and consent to the
entry of the following Findings of Fact and Order.
I. FINDINGS OF FACT
1.
Complainant
is the Commissioner (“Complainant”) of the Indiana Department of Environmental
Management, a department of the State of
2.
Respondent
is Haas Cabinet Co., Inc. ("Respondent"), which owns and operates the
facility with U.S. EPA ID No. INR000109009, located at
3.
The
Indiana Department of Environmental Management (“IDEM”) has jurisdiction over
the parties and the subject matter of this action.
4.
Pursuant
to IC 13-30-3-3, on March 24, 2006, IDEM issued a Notice of Violation via
Certified Mail to:
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Mr. Don C. Haas, President and Registered Agent |
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Haas Cabinet Co., Inc. |
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5.
Respondent
notified the U.S. EPA of Large Quantity Generator activities on May 13, 2003. Respondent manufactures kitchen cabinets /
bathroom facilities.
6.
An
inspection on February 1, 2005 and October 28, 2005 was conducted at the Site
by a representative of IDEM’s Office of Land Quality (“OLQ”). The following violations were in existence or
observed at the time of these inspections:
a.
Pursuant
to 40 CFR 262.11, a person who generates a solid waste must determine if that
waste is hazardous. Respondent did not
make hazardous waste determinations for flammable liquid spent solvents and
associated still bottoms or solvent contaminated rags, wipes and PPE, which
were solid wastes generated by Respondent.
Respondent
corrected violations by: adding of F codes to the flammable liquid spent
solvents and associated still bottoms wastestream profiles, obtaining a laundry
service for the solvent contaminated rags and disposing of solvent contaminated
wipes and PPE as a hazardous waste.
b.
Pursuant
to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for
90 days or less without a permit, provided that the date when the accumulation
begins is clearly marked and visible for inspection on each container. Respondent did not clearly mark twenty-eight
waste solvent containers with accumulation start dates.
c.
Pursuant
to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for
90 days or less without a permit, provided that containers are marked with the
words "Hazardous Waste." Respondent
did not mark twenty-eight waste solvent containers with the words
"Hazardous Waste."
d.
Pursuant
to 40 CFR 262.34(c)(1)(ii), a generator may accumulate as much as 55 gallons of
hazardous waste at or near the point of generation without a permit and without
complying with 40 CFR 262.34(a), provided that the containers are marked with
either the words "Hazardous Waste" or with other words describing the
contents. Respondent did not properly
label one 55-gallon satellite accumulation container and two five gallon spent
solvent satellite accumulation containers.
This violation was noted during the February 1, 2005 and October 28,
2005 inspections.
e.
Pursuant
to 40 CFR 262.34(a)(1)(i) and 40 CFR 262.34(c)(1)(i) referencing 40 CFR
265.173(a), a container holding hazardous waste must always be closed during
storage, unless necessary to add or remove waste. Respondent did not store two five-gallon spent
solvent containers and two 55-gallon satellite accumulation containers closed. This violation was noted during the February
1, 2005 and October 28, 2005 inspections.
Respondent closed all containers at the time of the
inspections.
f.
Pursuant
to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (c), facility
personnel must complete a program of classroom instruction or on-the-job
training that teaches them to perform their duties in compliance with the
hazardous waste management rules.
Employees must be trained within six months after their date of hire and
must take part in an annual review of the initial training. Respondent did not provide employees with
personnel training.
g.
Pursuant
40 CFR 273.14(e) and 329 IAC 3.1-16-2(4), to a small quantity handler of
universal waste must ensure each lamp or a container or package in which such
lamps are contained is labeled or marked clearly with words that identify the
contents as waste / used lamps or other words which accurately identify the
universal waste lamps. Respondent accumulated
used lamps in the Maintenance Shop that were not properly labeled. This violation was noted during the February
1, 2005 and October 28, 2005 inspections.
h.
Pursuant
to 40 CFR 273.13(d)(1), a small quantity handler of universal waste must manage
lamps in a way that prevents releases of any universal waste or component of a
universal waste to the environment. Respondent accumulated used lamps in the
Maintenance Shop that were not properly managed. This violation was noted during the February
1, 2005 and October 28, 2005 inspections.
i.
Pursuant
to 40 CFR 262.34(a)(4) referencing 40 CFR 265.52, a facility’s contingency plan
must include certain information.
Respondent's contingency plan did not include all of the required
information.
j.
Pursuant
to 40 CFR 268.7(a), a generator must determine if a hazardous waste is
restricted from land disposal and if the waste has to be treated before being
land disposed. Respondent did not
determine if solvent contaminated rags, wipes and PPE were restricted from land
disposal.
k.
Pursuant
to IC 13-30-2-1(12), a person may not cause or allow the transportation of a
hazardous waste without a manifest if a manifest is required by law. Respondent caused or allowed the
transportation of solvent contaminated rags, wipes and PPE without a manifest
as required by law.
l.
Pursuant
to 40 CFR 262.20, a generator who transports or offers for transportation,
hazardous waste for off-site treatment, storage, or disposal, must prepare a
manifest. Respondent transported solvent
contaminated rags, wipes and PPE off-site without preparing a manifest.
m.
Pursuant
to 40 CFR 262.12(c), a generator must not offer its hazardous waste to
transporters or to treatment, storage, or disposal facilities that have not
received an EPA identification number.
Respondent sent its solvent contaminated rags, wipes and PPE to a
disposal facility that did not have an EPA identification number.
7.
In
recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
II.
ORDER
1.
This
Agreed Order shall be effective ("Effective Date") when it is
approved by the Complainant or his delegate, and has been received by the
Respondent. This Agreed Order shall have
no force or effect until the Effective Date.
2.
Respondent
shall comply with 40 CFR 262.34(a)(2) and 40 CFR 262.34(a)(3). Specifically, Respondent shall ensure that the
accumulation start date and the words “Hazardous Waste” are clearly marked and
visible on hazardous waste containers and that such proper management practices
are maintained in the future.
3.
Respondent
shall comply with 40 CFR 262.34(c)(1)(ii).
Specifically, Respondent shall ensure satellite accumulation containers
are marked with the words “Hazardous Waste” or with other words that identify
the contents of the container.
4.
Respondent
shall comply with 40 CFR 262.34(a)(1)(i) and 40 CFR 262.34(c)(1)(i) referencing
40 CFR 265.173(a). Specifically,
Respondent shall ensure containers remain closed during storage, unless
necessary to add or remove waste, and that such proper management practices are
maintained in the future.
5.
Within
thirty (30) days of the Effective Date of this Agreed Order, Respondent shall
comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), &
(c). Specifically, Respondent shall ensure
completion of annual personnel training.
Respondent has documented completion of several of the requirements;
however, not all requirements have been completed. Respondent shall submit the following
documents to the individual and address listed in paragraph 9 of the Order
section:
a.
A
written description of training that is given to each designated employee for
each job listing, and
b.
Records
that document the required training, as specified by 40 CFR 262.34(a)(4)
referencing 40 CFR 265.16(a), (b), & (c),
has been completed.
6.
Within
ten (10) days of the Effective Date of this Agreed Order, Respondent shall
comply with 40 CFR 273.13(d)(1), 40 CFR 273.14(e) and 329 IAC 3.1-16-2(4).
Specifically, Respondent shall ensure that the accumulated used lamps are
properly labeled or marked clearly with words that accurately identify the
contents and ensure such accumulated lamps are properly managed.
7.
Within
forty-five (45) days of the Effective Date of this Agreed Order, Respondent
shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.52. Specifically, Respondent shall ensure
completion of a Contingency Plan. Respondent
has documented completion of several of the requirements; however, not all
requirements have been completed. Respondent
shall submit the following document to the individual and address listed in
paragraph 9 of the Order section:
a.
A
Contingency Plan which meets the requirements specified in 40 CFR 262.34(a)(4)
referencing 40 CFR 265.52.
8.
Respondent
shall comply with IC 13-30-2-1(12), 40 CFR 262.20 and 40 CFR 262.12(c). Specifically, Respondent shall ensure
hazardous waste is properly manifested prior to transportation and that such
waste is received by a transporter or treatment, storage and disposal facility
that maintain an EPA identification number.
9.
All
submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
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Linda L. McClure, Enforcement Case Manager |
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Indiana Department of Environmental Management |
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Office of Enforcement - Mail Code 60-02 |
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10.
Respondent
is assessed a civil penalty of Seven Thousand Dollars ($7,000). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date of this Agreed Order.
11.
In
the event the terms and conditions of the following paragraphs are violated,
the Complainant may assess and the Respondent shall pay a stipulated penalty in
the following amount:
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Violation |
Penalty |
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Failure to comply with Order paragraph 5 |
$500 per week |
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Failure to comply with Order paragraph 7 |
$500 per week |
12.
Stipulated
penalties shall be due and payable within thirty (30) days after Respondent
receives written notice that the Complainant has determined a stipulated
penalty is due. Assessment and payment
of stipulated penalties shall not preclude the Complainant from seeking any
additional relief against the Respondent for violation of the Agreed
Order. In lieu of any of the stipulated
penalties given above, the Complainant may seek any other remedies or sanctions
available by virtue of Respondent’s violation of this Agreed Order or Indiana
law, including, but not limited to, civil penalties pursuant to IC 13-30-4.
13.
Civil
and stipulated penalties are payable by check to the Environmental Management
Special Fund. Checks shall include the
Case Number of this action and shall be mailed to:
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Indiana Department of Environmental Management |
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Cashier’s Office - Mail Code 50-10C |
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14.
In
the event that the civil penalty required by Order paragraph 10 is not paid
within thirty (30) days of the Effective Date of this Agreed Order, Respondent
shall pay interest on the unpaid balance at the rate established by IC
24-4.6-1-101. The interest shall
continue to accrue until the civil penalty is paid in full.
15.
This
Agreed Order shall apply to and be binding upon the Respondent, its successors
and assigns. The Respondent's signatories to this Agreed Order certify that
they are fully authorized to execute this document and legally bind the parties
they represent. No change in ownership,
corporate, or partnership status of the Respondent shall in any way alter its
status or responsibilities under this Agreed Order.
16.
In
the event that any terms of the Agreed Order are found to be invalid, the
remaining terms shall remain in full force and effect and shall be construed
and enforced as if the Agreed Order did not contain the invalid terms.
17.
The
Respondent shall provide a copy of this Agreed Order, if in force, to any
subsequent owners or successors before ownership rights are transferred. Respondent shall ensure that all
contractors, firms and other persons performing work under this Agreed Order
comply with the terms of this Agreed Order.
18.
This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case
letter to Respondent.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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By: |
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By: |
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Nancy L. Johnston, Chief |
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Office of Enforcement |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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Department of Environmental Management |
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Office of Legal Counsel |
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Date: |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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, 200 |
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For The Commissioner: |
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Signed on August 23, 2006 |
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Matthew T. Klein |
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Assistant Commissioner for |
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Compliance and Enforcement |
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